WHy is porn legal and prostitution illegal ?

[gonzo]

What do you see as the main differences?

[softball]

Originally Posted by gonzo

What do you see as the main differences?

A camera. I had an idea to set up a chain of "porn studios" where you set up a camera and buddy gets to have sex with an "actress" and then leave with the tape. He has made a "porn movie" so it is totally legal. Everyone is Jake.

[RawAlex]

The camera is the clincher, although it also requires to some extend the intent to distribute (rather than just make a home movie). Most people don't know that outside of California, producing porn is technically still illegal (but the law not enforced much because of the California rulings). Ask Ray Guhn.

[TheEnforcer]

In the legal sense it's the camera as it becomes speech but IMHO a big part of the reason is the psychology of who "gets off" in the process. One is a trnsaction that allows others to get off. It's essentially done to titalate OTHER people. The other is something an individual does that gets THEIR rocks off and that's just a bridge too far for people.

I imagine if you gave people a choice and say ti went to a national referendum and the only choices were to either make porn 100% legal across the country (other than the obvious illegal categories) and have prostitution illegal OR make producing porn 100% illegal but prostitution legal that they vote would come in in favor of porn legal prostitution illegal.

There's soemthing about using another person's body for a busines tranaction to get your own rocks off that jut offends too many people's sensibilities.

[softball]

Fortunately porn and prostitution are legal in Canada...

[Sexyteaser]

Originally Posted by gonzo

What do you see as the main differences?

I guess it's kind of like the three clicks in google rules for adult advertising.

On another note are you reading minds again? I seriously was thinking about this recently when a client in Canada called to have me do some research for him on a new Escort Site he wants to run....

I beleive the laws some places are really just meant to generate income and draw a celebrity status to prosecuters who use adult related arrests to put their name and cases in the press. For example here is our great tax dollars at work we have given out 100K's of dollars for these guys to find obscenity sites online for years and their work has resulted in not one successful prosecution.

I think some people on here should apply for that grant money to supplement their income and get rid of the bad guys internally - you would probably do a lot better job than these nuts who are probably now addicted to porn and geetting paid $100k a year for it.

[gonzo]

Originally Posted by Shelleehale

I guess it's kind of like the three clicks in google rules for adult advertising.

On another note are you reading minds again? I seriously was thinking about this recently when a client in Canada called to have me do some research for him on a new Escort Site he wants to run....

I beleive the laws some places are really just meant to generate income and draw a celebrity status to prosecuters who use adult related arrests to put their name and cases in the press. For example here is our great tax dollars at work we have given out 100K's of dollars for these guys to find obscenity sites online for years and their work has resulted in not one successful prosecution.

I think some people on here should apply for that grant money to supplement their income and get rid of the bad guys internally - you would probably do a lot better job than these nuts who are probably now addicted to porn and geetting paid $100k a year for it.

Sign me up.
I can hire out help for 30K a year and take a modest 70K admin fee.

[softball]

Originally Posted by gonzo

Sign me up.
I can hire out help for 30K a year and take a modest 70K admin fee.

Hire me. I will do it for 30K plus expenses and per diem. BTW, check your pm, G

[Sexyteaser]

Originally Posted by gonzo

Sign me up.
I can hire out help for 30K a year and take a modest 70K admin fee.

Sign me up.
I can hire out help for 30K a year and take a modest 70K admin fee.

Wow, it looks like with the two of you I could put together a little consulting group and apply for that grant. I am sure they would finally get a return on investment and we could all make about $50K a year extra.

This story has bothered me for months, actually outraged me.

[pornlaw]

Actually porn isnt legal outside of California - yet, perhaps Ray Guhn will prove otherwise.

But the difference between porn and prostitution in California is the case of State of California v. Freeman.

Even POV porn is illegal in California under Freeman.

The main issue everyone seems to miss is the contractual ramifications of the illegal nature of porn. While content producers may have a First Amendment argument against the government in a criminal case because of the artistic free speech nature of porn, this will not hold up in regards to content shot outside California in a civil litigation case. Courts will not enforce illegal contracts and in most states contracts for sex are still illegal.

Michael

www.AdultBizLaw.com

[softball]

Originally Posted by pornlaw

Actually porn isnt legal outside of California - yet, perhaps Ray Guhn will prove otherwise.

But the difference between porn and prostitution in California is the case of State of California v. Freeman.

Even POV porn is illegal in California under Freeman.

The main issue everyone seems to miss is the contractual ramifications of the illegal nature of porn. While content producers may have a First Amendment argument against the government in a criminal case because of the artistic free speech nature of porn, this will not hold up in regards to content shot outside California in a civil litigation case. Courts will not enforce illegal contracts and in most states contracts for sex are still illegal.

Michael

www.AdultBizLaw.com

Problem with the US is that you guys are way over governed. Too many levels of government have their fingers in the same pie. And even if you beat the rap in a criminal case (OJ)...you can still be harassed to death by a civil action after you have been found not guilty. Someday someone has got to do something about this hornets nest. I look at American "freedom" sometimes and shake my head. It seems you have the freedom to litigate, harass, carry deadly weapons, pay large amounts of money to fix yourself if you are broken or shot with said deadly weapon, speak your mind.....if you don't piss off Bubba, have sex between consenting adults (in most states). I guess life is good. Freedom, however, is better.

"freedom's just another word for nothin' left to lose"

[tony404]

Originally Posted by pornlaw

Actually porn isnt legal outside of California - yet, perhaps Ray Guhn will prove otherwise.

But the difference between porn and prostitution in California is the case of State of California v. Freeman.

Even POV porn is illegal in California under Freeman.

The main issue everyone seems to miss is the contractual ramifications of the illegal nature of porn. While content producers may have a First Amendment argument against the government in a criminal case because of the artistic free speech nature of porn, this will not hold up in regards to content shot outside California in a civil litigation case. Courts will not enforce illegal contracts and in most states contracts for sex are still illegal.

Michael

www.AdultBizLaw.com

Tell that to Score in fl, who has not one but two lawyers working for them.

[EmporerEJ]

Originally Posted by gonzo

What do you see as the main differences?

Prostitiution isn't "Illegal."